The Legal Status of THCa Crystals: What You Need to Know

Twenty years ago, if you told someone that you could walk into almost any tobacco shop or convenience store and buy THC products, they may not have believed you. But today, thanks to the evolving legal reform for both medical cannabis and recreational marijuana, THC edibles, vape, or smokable flower isn’t hard to find.

You don’t even have to go to a dispensary. However, there is a growing concern about the availability of alternative cannabinoid products. That includes vapes, flower, gummies, beverage mixes, and more that have semi-synthetic or synthetic (spice) content.

Unlike cannabidiol (CBD) gummies, tinctures, or capsules, cannabis derivatives like HHC, Delta-8, Delta-9, and Delta-10, THCO and THCa cause psychoactive effects. You could take a metric ton of CBD, and it still wouldn’t get you high (although you’d definitely have some nausea and upset stomach).

One of the most popular cannabis derivatives is THCa crystals. You can also find THCa smokable hemp flower, gummies, and vape. Are they legal to buy and use? Can you be charged with a drug offense if you have THCa products in your possession?

Let’s take a closer look at THCa and learn more about this hemp-derived cannabinoid and how it affects the human body. If you are not able to access medical or adult-use cannabis, is it the next best thing? And more importantly, are there any health risks to be concerned about if you regularly use THCa?

What is THCa?

A naturally occurring cannabinoid found in agricultural hemp plants, THCa stands for tetrahydrocannabinolic acid. As a cannabis plant grows, it begins to develop cannabinoids, which are carboxylic acids. Almost every cannabinoid found in cannabis plants starts off in an acidic form.

When you decarboxylate (or add heat) to carboxylic acids, they are the precursor to THC (tetrahydrocannabinol), which is the cannabinoid that makes you feel high. Cannabinoid acids that transform from acidic forms to THC have different structures and slightly different effects than non-acidic cannabinoids.

In its natural form, THCa is not considered to be psychoactive. If you consumed pure THCa, for example, you wouldn’t feel impaired. One of the other reasons is that THCa does not bind to the human cannabinoid receptors (CB1 or CB2). It is possible to use THCa products that have 0% THC, but they can be difficult to find.

Differences Between THCa and Conventional Cannabis?

Hemp plants are used for the extraction of THCa because hemp has a much lower THC potency by volume. To be compliant with federal laws, THCa products must have less than 0.30% THC by dry weight.

In hemp and cannabis plants, the cannabinoid THC already exists and hibernates in an acidic form called THCa. When heat is applied and the cannabis or hemp is “decarbed,” the plant compounds go through a number of chemical changes. This is where THCa is no longer acidic, and as carbon dioxide is released, THCa becomes THC.

There is no difference between THCa and THC because THCa is the precursor to THC. While THCa remains in its natural form (without heat-induced changes to the cannabinoid chemical compounds), it is a neutral cannabinoid that does not cause psychoactive effects. But may offer some wellness benefits.

How are THCa Diamonds Consumed?

You can find crystalline THCa or diamonds in some retail locations, and they are among the purest THC cannabis concentrates available in America. Some types of THCa diamonds may contain up to 99% potency when heated.

THCa diamonds are consumed by vaping, by more commonly by dabbing, with a specialized dab rig. Some people mix a small portion of THCa diamonds in with smokable hemp or cannabis flower to increase potency.

Cannabis concentrates, from a medical perspective, are reserved for patients with severe pain symptoms. Many patients who are receiving compassionate care for a terminal illness seek out the concentrated form of THCa or standard cannabis concentrates to find relief.

Higher potency cannabis products can cause health problems if they are used frequently. Often, regular cannabis users find they build a tolerance, and THC may not produce intoxicating effects after cannabis consumption.

The risk of developing Cannabinoid Hyperemesis Syndrome (CHS) is greater among people who regularly use highly concentrated THC products. Symptoms of CHS are similar to a severe allergic reaction to cannabis.

Once someone has been diagnosed with Cannabinoid Hyperemesis Syndrome, they may have volatile reactions after consuming cannabis or even inhaling secondhand cannabis smoke.

Is THCa Sourced from Indica or Sativa Stains?

After extraction, THCa is generally formulated into powder, which is processed into other products such as vapes or edibles. Most of the terpene content is eliminated in THCa, and the powder is not considered to be Sativa or Indica dominant after processing.

How are THCa Crystals Made?

During the manufacturing process, the goal is to make sure that the THCa does not heat up to the point of full decarboxylation, where it converts to THC.

There are three common methods used to make THCa crystals: closed-loop extraction (CLE), the crystalline method (THCa isolate and solvent, with applied heat and pressure, and diamond mining, which is extracting THCa isolates from a liquid paste.

Common Side Effects After Consuming THCa

Consuming THCa in raw cannabis or hemp forms (juice extract) is the healthiest method, particularly if you want the potential benefits of cannabinoids without the psychoactive effects and impairment associated with THC.

However, suppose you choose to decarboxylate the THCa crystals, such as packing some in a bowl, pre-roll, or using it in an electric herb vaporizer. In that case, you will experience both psychoactive effects and potential side effects similar to marijuana use.

Some of the common side effects experienced after consuming THCa include:

• Dry mouth (cottonmouth).
• Fatigue.
• Dizziness.
• Accelerated heart rate.
• Red eyes.
• Symptoms of paranoia or anxiety.

The higher the potency of the THCa you consume by incineration, the more likely you are to experience some or all of those common side effects. Remember that THC-concentrated crystals and THCa crystals are almost identical in structure and can cause the same level of impairment.

Are THCa Crystals Legal to Buy and Possess?

Whether THCa is legal to buy, use, and possess depends on the state where you live. While hemp-derived cannabinoids were federally legalized in 2018 in the Farm Bill, there are some jurisdictions that have banned all synthetic and semi-synthetic cannabinoids.

The Drug Enforcement Administration (DEA) lists Delta-9 as a banned substance. That is the activated version of THCa. However, the Controlled Substances List does not include THCa specifically. That is because, in its naturally extracted form, THCa is non-psychoactive and has low to no potential to cause impairment.

The USDA’s Farm Bill made THCa legal as long as it is derived from agricultural hemp, which contains 0.30% THC or less, measured by dry weight.

Cultivators who produce hemp-derived cannabinoids must test batch samples and verify with third-party lab testing that the THC level will not exceed 0.30% even after it is incinerated (or decarboxylated) in processing or when smoked or vaped.

Where is THCa Illegal to Buy?

In virtually every state where medical cannabis or recreational marijuana is legalized, you can purchase both Delta-THC products and crystalline THCa. There are, however, a few states that have adjusted their hemp and THC laws to make synthetic or semi-synthetic cannabinoid products illegal.

At the time of writing, the following states have banned THCa:

• Arkansas.
• Hawaii (smokable THCa is banned, but other products are available, such as edibles).
• Idaho.
• Kansas (only 0% THCa products are permitted).
• Louisiana (legal for patients with a medical card only).
• Minnesota.
• Mississippi (THCa flowers and concentrates over 0.30% THC are illegal).
• Oklahoma (while Delta-THC is available, only medical card holders are permitted to use THC).
• Oregon.
• Utah (only registered patients in the medical cannabis program may consume any type of THC).

The tricky part is that while hemp-derived cannabinoids were legalized by the Farm Bill in 2018, the legislation did not provide detailed information about synthetic or semi-synthetic cannabis products. The intention of the bill was to legalize CBD, and the explosion of alternative lawmakers did not expect the explosion of alternative cannabinoid products battle to ban all alternative cannabinoids (Delta-THC, THCa, HHC, THCO) has been ongoing. The Texas Department of Health wants to ban products like THCa crystals, Delta-8, Delta-10, and Delta-9 retail sales. Naturally, hemp producers and Delta-THC brands have pushed back, and it is being fought out in the Texas Supreme Court.

If you are traveling to another state as a patient, you may not be legally permitted to purchase or possess cannabis products. Some states do not offer legal reciprocity, regardless of whether you have a medical card in your home state. On rare occasions, possessing semi-synthetic or synthetic cannabis products may result in a drug charge.

How to Check THCa Products for Legal Compliance

Don’t assume that because a smoke shop, gas station, or convenience store sells THCa products, they are legal to buy, possess, or use. Depending on the jurisdiction, you can face criminal possession charges for products you purchased from a local retailer.

The Farm Bill of 2018 did not provide comprehensive guidelines that would identify which types of hemp-derived products were legal. That confusion has created a gray area when it comes to HHC, THCO, Delta-THC products, and THCa.

Some hemp-derived products can be just as illegal as purchasing marijuana. It all depends on the state laws regarding alternative cannabinoids and whether the product is regarded as a cannabis concentrate that exceeds 0.30% THC by dry weight potency.

Unfortunately, because semi-synthetic and synthetic cannabinoids are not regulated by federal law, there are few to no checks on products. Occasionally, the FDA will send warning letters to companies who claim that THC products may cure a condition. Or to brands that make false and misleading claims.

It is your responsibility to not only read the label but do your research on any brand you purchase. Have there been any batch recalls? That may imply that there are safety issues with the product. But in terms of legal compliance, always look for a COA or certificate of analysis that shows third-party testing.

Make sure the THCa, synthetic or semi-synthetic cannabinoid products you buy have 0.30% THC by dry weight volume or less to comply with federal law. Also, when traveling, check the cannabis laws before you leave to make sure you do not run into trouble possessing THCa, Delta-THC, or any other product when you are away from home.

Health Risks Associated With Consuming THCa Diamonds

While THCa in its natural form (raw cannabis or hemp plant extract) is non-psychoactive and not considered addictive, smokable THCa crystals may be addictive. That is because they are on the very high end of the potency spectrum.

Potential Health Benefits of THCa

If you are a patient living in a state where medical cannabis or adult use (recreational) is not legalized, synthetic and semi-synthetic cannabinoids may be your only natural alternative to explore, compared to prescription medications for relief of pain, insomnia, anxiety, and more.

However, consuming cannabis in the form of THCa may still offer some wellness benefits. People who use THCa for symptom management claim it can help with:

• Nausea.
• Vomiting.
• Inflammation.
• Pain.
• May stimulate the appetite of patients with eating disorders or Cachexia.
• May offer neuroprotective benefits.

New studies are evaluating whether therapeutic doses of THCa may benefit patients who have been diagnosed with neurological disorders. That includes people living with Parkinson’s Disease, Alzheimer’s Disease, and Multiple Sclerosis.

The best way to make the most of the wellness benefits of THCa is to consume it raw. You can juice fresh cannabis or hemp leaves and stems to consume THCa. Raw cannabis plants are not psychoactive, and it can be a good way to make use of stems, roots, and seeds as well.

If you purchase discount cannabis that is loaded with seeds, you can dry them, grind them, and add them to beverages or foods for a healthy cannabinoid boost. Some people find that THCa effects are less intense than cannabis, and impairment can last for a shorter period of time, depending on the potency of the THCa consumed.

Aaron Bloom

Aaron Bloom, an experienced healthcare attorney, serves as the CEO, overseeing the mission and growth of DocMJ and Medwell Health and Wellness Centers since 2016. Aaron’s passion for improving patients’ lives comes from his experience in healthcare. For more than 20 years, Aaron has owned, operated, and represented traditional healthcare organizations. This experience created a passion for finding improved ways to relieve suffering. His goal as CEO is to work daily to provide relief to all patients who seek better health and wellness through the medicinal benefits of medical cannabis and evidence-based alternative medicines.